Andrews v Woollahra Municipal Council [2023] NSWLEC 1797

Land and Environment Court New South Wales

Medium Neutral Citation: Andrews v Woollahra Municipal Council [2023] NSWLEC 1797 Hearing dates: Conciliation conference on 21 November and 14 December 2023 Date of orders: 22 December 2023 Decision date: 22 December 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the Amended Development Application in Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the Amended Application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The appeal is upheld. (4) Development Application No DA 371/2022 for the demolition of existing buildings and construction of a new six storey commercial building with two levels of basement car parking, at 49-53 Bay Street, Double Bay 2028, is determined by the grant of consent subject to the conditions of consent in Annexure B. Catchwords: DEVELOPMENT APPLICATION: commercial premises in E1 Local Centre – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 4.47 8.7, 8.15 Land and Environment Court Act 1979, s 34 Woollahra Local Environmental Plan 2014, cll 4.3, 4.4, 4.4A, 4.6, 5.21, 6.1, 6.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 10, s 10.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Water Management Act 2000 Environmental Planning and Assessment Regulation 2021, s 38 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Peter Andrews (First Applicant) Ricola Pty Ltd (Second Applicant) Irene Andrews (Third Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicants) A Rutherford (Solicitor) (Respondent)